[WSBAPT] Accessing decedent's home safes during probate

[Paul Neumiller]

There is a procedure to get the Will first. Warning, I do not practice in King County and I received these forms from this listserve.


[cid:image001.jpg at 01D8702A.64851410]



From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Suzanne Lieberman
Sent: Wednesday, May 25, 2022 11:03 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] Accessing decedent's home safes during probate

Hello,

We have a client PR whose mother left an original will and codicil in a safe(s) to which the 3 daughter beneficiaries currently have no access. Everything would otherwise go just to the 3 daughters, but there is a testamentary trust in the will and the girls are all between 20 and 30 and the distributions are spread out over this time period with certain conditions. There are likely other instructions and personal property items in the safes as well.

Should we open an intestate probate and then use the Letters for the PR daughter to get access to the will and codicil/probate those originals? Or file testate and explain that the originals are in the safes at home and then file the original will and codicil?

Best,

Suzanne Lieberman
CMS Law Firm LLC<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fcmslawfirm.com%2F&data=05%7C01%7C%7Cb277746c8f7741e099e108da3e796263%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0%7C637890988319279878%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=KfhTtl67J8dOFcpFHqQqcySsf17I9ROZZ5badJQtm7Y%3D&reserved=0>
811 Kirkland Ave. Suite 201 (please note new address!)
Kirkland, WA 98033
206-383-6484 (Cell Phone)
206-659-1512 (Main Office)


Legal stuff I have to put in... To ensure compliance with Treasury Department and IRS regulations, we inform you that, unless expressly indicated otherwise, any federal tax advice contained in this communication (including any attachments) is not intended or written by CMS Law Firm LLC to be used, and cannot be used by the taxpayer, for the purpose of: (i) avoiding penalties that may be imposed on the taxpayer under the Internal Revenue Code; or (ii) promoting, marketing, or recommending to another party any transaction or matter addressed herein (or any attachments).
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